Like all states, Wyoming prohibits driving under the influence (DUI) or with a blood alcohol content (BAC) of .08% or more. But drivers under the age of 21 are subject to tighter blood alcohol restrictions. This article explains when a driver can be charged with a youthful DUI and what penalties he or she can face.
Wyoming law prohibits youthful drivers (under the age of 21) from operating a vehicle with a BAC of .02% or more. A violation will generally be a misdemeanor but won't count as a prior offense if the driver subsequently gets a standard DUI.
First offense. A first youthful driver DUI will result in a 90-day license suspension and up to $750 in fines. An offender with no prior DUI convictions is generally eligible for the diversion program, which can end up in dismissal of the charges entirely. If the driver had a BAC of .15% or more, the court will order the use of an ignition interlock device (IID) for six months.
Second offense. A second youthful driver DUI within a one-year period will result in up to one month in jail and a maximum $750 in fines. The driver's license will also be suspended for six months, followed by one year with an IID.
Third offense. A youthful driver who has three violations within two years will be subject to up to $750 in fines and a maximum six months in jail. The driver's license will be suspended for six months, followed by two years with an IID.
For all violations, the court can order the offender to complete an alcohol and drug assessment and to follow any recommended treatment program.
An officer with probable cause to believe a youthful driver has a BAC of .02% or more will often request the driver to submit to a chemical test of the person's breath or blood. A driver who submits to testing and produces a BAC of .02% or more will be suspended for 90 days (six months for a second offense). This suspension period is allowed to overlap with the youthful DUI suspension period. If the driver refuses testing, the officer can apply for a warrant to obtain a blood test (by force if necessary).
Drivers suspended for alcohol-related offenses (such as youthful DUI) are often eligible for a restricted IID license to drive during the suspension period. Consult with a DUI attorney for assistance.